Court Says Pleading Systemic Negligence Isn't Enough For Certification – Claim Must Be Manageable

In Carcillo v. Ontario Major Junior Hockey League, the Court of Appeal for Ontario dismissed an appeal from a decision refusing certification of a class action against Canada's major junior hockey leagues for alleged systemic negligence. Claims alleging that system negligence resulted in abuse of minors and young adults cry out for justice, but the courts have maintained that without a plan to address the complexities of the claim, certification is not appropriate.

Certification decision

In June 2020, the Plaintiffs sued the Canadian Hockey League, its three regional leagues (OHL, WHL, QMJHL), and all 60 teams in the leagues alleging systemic negligence for failing to prevent institutional abuse over nearly 50 years. The motion judge denied certification, holding that the claim did not disclose a cause of action against teams for which the named plaintiffs had not played, or against teams for decisions made by the leagues. The motion judge also held that a class